Brown v. Blackstock et al

Filing 12

ORDER adopting Magistrate Judge Ray's Proposed Findings and Recommended Partial Disposition. Brown may proceed with his excessive-force claims against Blackstock, Givens, and Doe in their individual capacities. All other claims and defendants ar e dismissed without prejudice for failure to state a claim. An in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3); granting 9 Brown's motion for service; identifying Ira Furlow as John Doe; directing the Clerk to issue the summons and directing the U.S. Marshal to serve the summonses and complaint on Defendants Blackstock, Givens, and Furlow without prepayment of fees, costs, or security. Signed by Judge D. P. Marshall Jr. on 5/9/11. (hph)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RICKY BROWN ADC# 551211 v. PLAINTIFF Case No. 4:11-cv-291-DPM-JTR BLACKSTOCK, JOHN DOE, JOHN RANDAL, BOBBY BROWN, KARL BYRD, GIVENS, and TROY PORTER DEFENDANTS ORDER The Court has considered Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Partial Disposition, Document No.5" and Ricky Brown's objections, Document No.8. Having conducted a de novo review of the record, the Court adopts Magistrate Ray's proposal as its own. FED. R. CIV. P. 72(b). Brown may proceed with his excessive-force claims against Blackstock, Givens, and Doe in their individual capacities. All other claims and defendants are dismissed without prejudice for failure to state a claim. An in forma pauperis appeal from this Order would not be taken in good faith. 28 u.s.C. § 1915(a)(3). Brown's motion for service, Document No.9, is granted. In it, he identifies John Doe as Ira Furlow, a Corporal at the Faulkner County Detention Center. The Court directs the Clerk to issue the summons and directs the United States Marshal to serve the summons and complaint on Defendants Blackstock, Givens, and Furlow at 801 Locust Street, Conway, Arkansas, 72034, without prepayment of fees, costs, or security. So Ordered. D.P. Marshall Jr. If United States District Judge -2­

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